Court rules can’t fix unsigned ballots after election

By Howard Fischer | Capitol Media Services  

Arizonans who forget to sign their early ballots have no legal right to fix them after Election Day to ensure their votes are counted, a federal appeals court ruled December 8. 

The 9th Circuit Court of Appeals rejected arguments by the state and national Democratic parties that it is not illegal to give those who do not sign the ballots an extra five business days to “cure” the problem. The lawyers pointed out that is inconsistent with other laws which give a five-day window to fix situations where a signature on a ballot envelope does not match what county election officials have on file. 

But Judge Susan Graber, writing for the majority, said none of that means those who forget entirely are entitled to the same right. 

The decision was not unanimous. 

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